AIRING THE DIRTY LAUNDRY: EXPLORING THE CHALLANGES OF DOMESTIC VIOLENCE IN POLAND

The
woman was seven months pregnant [….] The beating started in
the backseat of the car after she had sex with her partner. He pushed
her to the back seat of a very small Polish car where there was
little space. He punched her in the head, arms, and belly. He pushed
her on her stomach with his knees. She managed to crawl out of the
car, but he got on top of her while she was lying on her stomach on
the ground. He sat on her and jumped many times. She managed to get
home [and] called an ambulance to take her to the hospital. [.…]
During the sonogram, they saw that the umbilical cord was broken and
the fetal heart was not beating. They did a cesarean section, but the
baby had died from severe injuries. The baby had a broken skull,
bleeding inside its brain, and a swollen liver [….] They
needed to remove her uterus [….] If not for the loss of her
uterus, her injuries would not have qualified as serious. The man was
charged with assault and with death of a child. He was sentenced to
two years in prison. The prosecutor asked for ten years, but the
additional eight years were for the loss of the uterus
(Domestic Violence in Poland, 2002).

Polish society is
currently undergoing dramatic political, economic, and social
transitions: from totalitarianism to democracy, from communism to
capitalism, and from a passive society to a civic one. However, in
the field of women's rights, both the current right-wing government
and the Catholic Church have been exceptionally rigid and
conservative in their view of women’s place in society. Indeed,
political and religious authorities often see a woman’s role as
serving the family entity as wife and mother, or as a mere
reproductive unit. The Polish woman is dangerously simplified and
consequently deprived of many individual freedoms and rights; indeed,
policies concerning them are presented primarily in the context of
the family (Mach: 2000). As a result of these attitudes, stories such
as the one presented above are not uncommon. Domestic
violence,
the intentional use of power over another family member while
infringing upon their rights and/or causing them suffering and pain,
is common in Poland where in 2006 alone over 39,000 women reported
such violence (Szulc: 2007). Although there has been a movement to
raise awareness about this problem and to deal with it legally, the
codification of domestic violence as a crime is all too often
undermined by failure to effectively enforce these legal provisions.
As such, in order to reach the roots of the problem one must look not
only to the legal foundations set to deal with domestic violence, but
to the social perceptions of, and attitudes towards, the advancement
of women’s rights.

Polish
Identity; a Historical Overview

In order to truly
understand the roots of gender perception and gender politics in
Polish society, it is crucial to explore Polish history, namely, the
formation of Polish identity and values alongside, and as a result
of, the development of Polish nationalism.

Geographically
bordered by seven countries, including historically powerful Germany
and Russia, the Polish state was for centuries invaded, partitioned,
and dominated by absolutist and totalitarian powers. Since the
struggle for a sovereign Polish state was constant, Polish
nationalism developed distinctly from that of most Western European
countries. Primarily, nationalism formed in opposition to the state
rather than within it. Moreover, the lack of a guaranteed state
allowed for the formation of a collective identity through the
Catholic Church.

In times of
communism, the church served not only a point of religious
unification for the Polish people but also a form of political
rebellion against the atheist regime. Indeed, almost all those
opposed to the “illegitimate, atheistic regime held in place by
[the] foreign (communist) power” (Stoltenberg, 2) were
simultaneously Catholic believers and dissident citizens. It is due
to the stateless history of Poland as well as the collaboration of
“religiosity and resistance”(Stoltenberg, 2) in bringing
a democratic regime, that ethnicity and religion became the two most
fundamental components of Polish identity (Gebert: 2007); even today
over 90 percent of Poles identify themselves as Roman Catholic
(Gruber: 1995).

Also, because of
Polish society’s antagonistic relationship with, and distrust
of, the communist regime, and because of Poland’s current
unsteady state of transition, many Poles still fail to believe in
government effectiveness; they look to social rules and approval in
their everyday life from other sources, namely, the Catholic Church.

Conserving
Tradition: Defining Gender Roles

After its
prominent contribution to Poland’s transition into democracy,
the Church found a significant role in instilling Roman Catholic
values into the new social order. Indeed, religion classes are taught
in public schools, significant political changes such as the
accession to the European Union are consulted with church
authorities, and social mores lay strongly in religious doctrine.
Thus, “The Catholic Church in Poland has not only spread the
system of Christian values — it has been placed in Polish
national structure. Because of this the Church has been one of the
most important actors in the Polish socio-political life and it has
always exerted a substantial influence on different fields of Pole’s
life” (Dominiczak
2002).

One the primary
influences of the Catholic Church on Polish society’s has been
the widespread reverence of family and the Polish-Catholic cultural
construction of gender. Indeed, as in most societies, much of Polish
society has internalized stereotypical views of the “healthy
woman” as caretaker of the family. In her article Agnieszka
Graff, a faculty member at Warsaw University explains contemporary
Polish resistance to the re-negotiation of gender roles as part of an
attempt to create a “consoling narrative about an orderly past
[by restoring] order in the realm of gender relations” (Graff,
3). Conserving traditional gender roles can be seen as part of a
greater means of forming a collective identity in “an effort to
dispel, or contain, collective ambivalence and anxiety concerning
European integration and globalization, and the resulting diminution
of Poland’s autonomy as a nation-state a mere decade and a half
after this autonomy was restored” (Graff, 3).

A nation is made
up of collective notions of what is “’natural’ and
what is ‘cultural’. Therefore, the acceptance and
naturalization of traditional gender ideologies “in the end,
men are men and women are women”(Graff, 9) has undercut the
aura of change and enhanced nationalism by instilling a calming sense
of timelessness among so many transitions. Consequently, the
adherence of Polish women to accepted traditional roles reinforces
the nation’s collective agreement and understanding of gender
functions and responsibilities; women become bearers of culture
(Graff, 3).

An interesting
phenomenon Graff points to is the metaphoric representation of
Poland, the nation, as a suffering woman who takes care of her male
children while her husband goes off to war. This two-dimensional
portrayal of Poland as a concerned mother limits the woman to a mere
symbolic image taking away from her complex humanity (this can be
seen in images 1-3, pg. 10). The metaphor of the Virgin Mary as the
‘Queen of Poland’ further stresses the selfless Matka
Polka (Polish Mother) who is admired for sacrificing her desires for
the needs of her family, whose suffering is considered her strength
(Graff, A different chronology, 2). Again, women are seen as
self-sacrificing instruments through which tradition can be retained
and a more stable society achieved.

Domestic
Violence –Challenges for Polish Society

Domestic violence
is a serious problem in Poland where surveys show that “one in
six women has experienced violence at the hands of her male partner”
(Domestic Violence in Poland, 8: 2002). Perceptions of, and
expectations from, women in Polish society have significant
implications for victims of domestic violence as conservative
tradition hinders women from recognizing, reporting, and seeking help
when they experience abuse. According to Urszula Nowakowska, director
of the Women’s Rights Center in Warsaw, “the expectation
of women to fulfill household duties causes many women to see their
abuse as a result of their own failure to comply with familial
obligations”.

As Nowakowska
describes, when women seek help at Christian-run organizations, they
are often encouraged to attend family therapy along with the
perpetrator. However, such therapy programs are unsuccessful; women
are frequently encouraged to change their behavior and adjust to the
situation by being more “obedient”, rather than to seek
separation. By failing to view the perpetrator as responsible for
violence, such programs contribute to the shifting of blame to the
victim. Often, especially in rural areas, neighbors, friends, and
even family view the victim as culpable for their own abuse. These
people refuse to publicly admit domestic violence as they see it as a
reflection of the woman’s failure to fulfill household
obligations rather than a crime that must be tried and condemned.
Furthermore, Nowakowska explains, Church run programs stress that
abusive men cannot control their own behavior. However, men’s
lack of violence outside of the home show that they are capable of
controlling themselves, but are unwilling to do so.

Nowakowska
states, “another misconception in Polish society about the
causes of domestic violence is the association of such acts with
poverty or alcoholism rather than a power-related act. In reality,
abused women come from all facets of life regardless of marital
status, occupation, education level, and economic situation”.
Partly contributing to this fallacy is the government’s
response to domestic violence through the State Agency for Prevention
of Alcohol Related Problems. However, basing “policies and
programs on the premise that alcoholism causes domestic violence […]
contradicts international research showing that, although alcohol may
be a contributing factor to domestic violence, it is not the cause”
(Domestic Violence in Poland, 9: 2002). As a result, women who do not
come from alcoholic families don’t know where to look for help,
as they do not see alcohol-related problems as applying to them.

The Catholic
Church also plays an important role in the way women choose to
respond to violence. Since marriage is seen as an unbreakable bond,
the option of leaving abusive husbands is unacceptable (unless the
woman’s life is at risk, in which case Church law allows for
separation, although not divorce) (Priest Chudzik: 2007). Obstacles
to divorce are aggravated by the law as divorce cases have been
assigned to higher-level courts, which are harder to access than
family courts. Likewise, according to Ms. Zientara, a lawyer at The
Committee for Protection of Child’s Rights, some
church-supported legal institutions, such as the Law Clinic at
Collegium Iuridicum that provides free advice for victims of
violence, require volunteers to sign papers forbidding them to advise
divorce as a solution as this goes against Christian values. As a
result, many women, especially those in rural communities have very
little possibilities of obtaining a divorce (Domestic Violence in
Poland, 27: 2002). Also, in many cases women are psychologically,
emotionally, and economically dependent on their husbands, making it
almost impossible to file for divorce (Platek: 2007).

Notably, in
Poland there seems to be a distinct separation between the private
(home) sphere and public spheres. This separation is partly a product
of communist times where the family sphere was the least penetrable
place for the state (Gebert: 2007). The notion of “the family
[as] a self-contained unit, deserving privacy at the expense of other
rights and freedoms” (Domestic Violence in Poland, 23: 2002) is
especially dangerous for victims of domestic violence. Women who are
victims of domestic violence are expected to “bear their cross”
or as Poles would say ‘not wash their dirty laundry in public’,
leaving family issues private.

Reacting to
Domestic Violence

Despite its
reluctance in re-defining gender roles, the Polish government has
taken measures to address domestic violence, recognizing it as a
criminal offense under criminal code article 207. However, it seems
that despite significant improvements in legislation for dealing with
domestic violence, the government is still hesitant to take large
steps towards recognizing, dealing with, and condemning domestic
abuse. For one, government prosecutors do not consider isolated
instances of abuse as domestic violence. In the case that a woman
wants to file a report after a single severe incident (the
deprivation, or serious crippling of critical bodily functions), her
abuse will be publicly prosecuted as a crime against the individual.
However, if the single incident is not severe, the prosecution will
only be pursued when initiated by the victim (Zientara: 2007). In
reality though, women who experience single abusive incidents are
often unaware of their legal options and find the legal process
confusing and frustrating, usually choosing not to prosecute
(Nowakowska).

Of the most
critical actors responsible for dealing with domestic violence are
police authorities as they are often the first to interact with the
victim after abuse is reported. Under law there are a number of
procedures police have to follow in cases of domestic violence. As
Commander Iwona Szulc from Police Headquarter explains, principally,
police are required to check the homes from which they receive
reports, to validate the call, and then to determine the type and
severity of the crime. If the incident is an act of violence within
the family, police authorities fill out a “blue card”, a
card containing information about the occurrence along with witness
data; a sheet explaining domestic violence as well as emergency
information is left for the victim. These ‘blue cards’
are designed to “standardize the procedure for police
interaction with families experiencing domestic violence”
(Domestic Violence in Poland, 31: 2002). Cards are then sent to the
local precinct and must be followed by a visit to the home by police
within a week to assure that the violence hasn’t continued.
Although these follow-ups are mandatory, such visits do not always
occur; they are often considered “impractical, because police
are too busy to check in with families that report abuse”
(Domestic Violence in Poland, 31: 2002). Moreover, according to Ms.
Nowakowska, since some police officers see domestic violence as a
family issue, they will use any hesitation on part of the woman to
prosecute, as an excuse to poorly investigate the issue and dismiss
the case.

In terms of
dealing with the immediate family situation, it is only in very
serious cases- when the perpetrator is violent to the police, in
front of the police, or under the clear influence of alcohol, that
the police are allowed to arrest the man; however, confinement can
only last between 24-48 hours and the perpetrator can soon return
home. This inefficient dealing may discourage women from reporting
incidents of violence for fear of retribution.

Another provision
recently added to the law is the right to file a restraining order
after incidents of domestic violence (Zientara: 2007). However, these
orders can only be filed if the perpetrator is under arrest, in which
case he is given the option of leaving his home or continuing arrest.
In actuality though, most prosecutors don’t understand the
importance of temporary detainment thus making separation of victim
and perpetrator rare; again, the victim often experiences more
violent attacks.

Women who are
victims of domestic violence are also advised to conduct an
evidentiary medical examination. Forensic doctors who provide
documentation of women’s injuries in domestic violence cases
often doubt the ‘credibility’ of the wounds and believe
the injuries are self-inflicted as to receive favorable divorce
settlements (Domestic Violence in Poland, 9: 2002).

According to Ms.
Nowakowska, a critical reason domestic violence has not been dealt
with efficiently enough is the classification of domestic violence as
a crime against the family, a collective unit rather than a crime
against the individual; the choice to prioritize family over the
individual shows the influence of the Catholic Church on public
policy. In addition, society fails to see domestic violence as a
gender issue despite the fact that women are the ones most affected
by this type of abuse; women are seen as part of a greater family
unit rather than an entity in and of themselves. Prosecuting domestic
violence as a crime against the individual could endanger Catholic
principles regarding gender and family structures as it could lead to
the breakup of family. However, classification of domestic violence
as a family violation has led to extremely hazardous verdicts in
court. Indeed in 1997, a judge in a domestic violence case stated
that domestic violence is not verbal abuse or even physical violence
if it is for the ‘good of the family’; the victim
provoked the abuse by ‘behaving badly’ in her home.
Similar judgments were repeated again in 2000 and 2005. Such verdicts
highlight the danger of incorporating traditional values of the
Catholic Church into law and their clash with democratic principles.

Conclusion

Domestic violence
is a serious problem affecting thousands of women in Poland today. In
exploring the roots of such violence in Polish society various issues
arise. Most prominently, given the turbulent past of the Polish
people, social trust has turned to nationalist and Catholic values
and institutions. Although nationalist and religious morals are meant
to reinforce a united society, insistence on traditional gender roles
is often detrimental to women, especially victims of domestic abuse.
Women are expected to keep domestic violence a private issue.
Moreover, laws addressing such abuse are often ineffective, as they
are not taken seriously by both enforcement agencies and the wider
society. Although there has been some shift towards addressing
problems of domestic violence, greater measures must be taken to care
for this issue. Improvements can include greater dissemination of
information and education for the wider public regarding domestic
violence, in order to make preventive and reactive acts more
effective. Domestic violence education and training programs should
be extended and expanded for police, prosecutors, doctors, and
judges. Also, legal institutions should be more adamant in enforcing
the penal code and prosecuting domestic violence offenders in order
to provide an exemplar for the political processes of democratization
and justice.

Despite the many
problems with domestic violence in Poland, there are numerous
institutions and non-governmental organizations women can turn to for
help. It is these type of institutions, along with innovative
programs such as the ‘blue line system’, where victims
can call for help, that can begin to lobby for the improvement of
women’s situation on a personal, social, and political scale.

Indeed, the
development of a greater civil society in Poland, along with its
accession to the European Union has begun to change some of the
perceptions and practices that harm women. However, it is only with a
greater shift in public mentality about gender roles and individual
rights that domestic violence can begin to be adequately addressed.